IMPORTANT POINT
Weakness in the identification of properties stolen does not weaken the evidence that identifies the accused.

JUDGMENT

Jagdish Chandra,J.-This judgment shall dispose of both criminal appeals No. 262 of 1981 Sirajudill v. State and 272 of 1981 Om Parkash @ Shankar v. State as both these appeals have arisen out of the same judgment of conviction and the same order of sentence both dated 4.8-1981 and passed by Shri P.S. Sharma, Additional Sessions Judge, Delhi whereby both the appellants Sirajudin and Om Parkash alias Shankar were held guilty and convicted under section 395 read with section 397 Indian Penal Code and each appellant was sentenced to undergo rigorous imprisonment for 7 years.

2. The cage of the prosecution is that Bal Kishan along with his family members and his brother-in-law R. D. Sharma and his family members were residing in a house (plot No. 1006) in village Alipur, Delhi. His tenant Noor Mohd. was also living with his family members in another portion of that very house. At about 2.00 A.M. in the night intervening between 4th and 5th June, 1978, when they were sleep~ iag in the court-yard, 5/6 persons came there armed with pistol, knife and sticks. First they woke up the members of the family of Noar Mohd. and robbed his brother Zulfi of a watch and a sum of Rs. 10/- and also Noor Mohd. of a sum of Rs. 90/- lying in his shirt. They then confined them in a room.

They came to the other portion of the house in which Bal Kishan and R. D. Sharma along with their family members were residing, but had got up on hearing the noise. The dacoits surrounded them and told them to take out and give to them whatever they had. On their raising alarm, one of=the dacoits who had pistol in his hand fired a shot which injured Smt. Satya Sharma wife of R. D. Sharma on her right leg the dacoits then snatched her gold ear rings and chain from her person and locked her, her husband, her father and her children in the bath room. Then the dacoits came towards Bal Kishan and his family members and on the point of knife took him, his wife Smt. Shama Sharma and his mother-in-law Smt. Bharti inside a room and were made to stand them with their faces towards wall. The dacoits searched the box inside that room and took out a cash amount of Rs. 700/from there and also removed the gold ear rings, chain and taweez from the person of Bal Kishan's wife Smt. Shama Sharma and then bolted and confined them inside that room and, thereafter they made good their escape.

3. A little later villagers arrived there and brought the inmates of the house from the rooms in which they have been locked.

4. A.S.I. Jagmal Singh then posted at Police Station Alipur happened to be OD patrol duty on that fateful night and on hearing the noise of dacoity at about 2.00 A.M. went to the place of occurrence and recorded the statement of Bal Kishan Sharma and after making his endorsement thereon got the F.I.R. registered. He found an injury on the person of Smt. Satya Sharma who was referred to the hospital. He prepared the site plan of the place of occurrence and also took into possession two pairs of chap pals and one Angochha left by the dacoits and also 12 bore empty cartridges. However no clue of the culprits could be found and consequently the case was consigned as untraced.

5. Subsequently on 15.11.1978. A. S. I. Raghbir Singh and A.S.I. Jag Ram Singh both of Special Staff were on patrol duty along with some other police officers and when they reached corner of Faiz Bazar towards Jama Masjid, A.S.I. Raghbir Singh received a secret information that notorious thief Shankar could be arrested with a stolen transistor at Dargah Sheikh Kalim Ulla opposite Jama Masjid whereupon a raiding party was organised and it reached the Dargah and on the pointing out by the informer, Shankar alias Om Prakash appellant was arrested and a stolen transistor was recovered from him and a case under Section 411 Criminal Procedure Code was registered against.

6. After interrogating him one absconding co-accused Mehboob Ali of the case in hand was arrested. Both Om Prakash and Mehboob Ali disclos